Turner t/as Classic Gourmet Sausages v Leda Commerical Properties Pty Ltd [2000] FCA 389

FEDERAL COURT OF AUSTRALIA

Turner t/as Classic Gourmet Sausages v Leda Commercial Properties Pty Ltd [2000] FCA 389

PRACTICE AND PROCEDURE – addition of parties – whether Federal Court sitting on an appeal from the Supreme Court of the Australian Capital Territory had power to order that a person not a party before the Supreme Court be added as a party to the proceedings in that Court and also to the appeal.

PRACTICE AND PROCEDURE – summary dismissal of proceedings before the ACT Tenancy Tribunal – whether Tribunal erred in dismissing proceedings where the claimant in the Tribunal wished to adduce evidence in support of claim that landlord's conduct in terminating lease was harsh and oppressive and the real nature of that evidence was unclear.

Tenancy Tribunal Act 1994 (ACT) ss 3, 6, 33, 35, 36, 41, 42, 58, 60 Magistrates Court (Civil Jurisdiction) Act 1982 (ACT) ss 54, 139 Federal Court of Australia Act 1976 (Cth) ss 24, 28

General Steel Industries Inc v Commissioner for Railway (NSW) (1964) 112 CLR 125 cited Hospitals Contribution Fund of Australia v Hunt (1982) 44 ALR 365 referred to Wickstead v Browne (1992) 30 NSWLR 1 referred to Teoh v the Minister of Immigration, Local Government and Ethnic Affairs (1994) 121 ALR 436 referred to Cuthbertson v Hobart Corporation (1921) 30 CLR 16 referred to S (a minor) v Special Educational Needs Tribunal [1996] 1 WLR 382 discussed Maiden v Maiden (1908) 7 CLR 727 cited Dey v Victorian Railways Commissioner (1949) 78 CLR 62 cited Faessler v Neale (unreported, Drummond J, 20 July 1994) referred to Trade Practices Commission v Pioneer Concrete (Qld) Pty Ltd (1994) 124 ALR 685 referred to Webster v Lampard (1993) 177 CLR 598 referred to Bridge Shipping Pty Ltd v Grand Shipping SA (1991) 173 CLR 231 referred to Minister for Immigration & Multicultural Affairs v Thiyagarajah (2000) 169 ALR 515 cited